Phoenix Child Molestation Attorney

In Arizona, criminal charges related to child molestation are among the most severely prosecuted offenses. The state's legal framework is designed to protect minors with exceptional stringency, leading to potentially life-altering penalties for those convicted. If you or a loved one are facing such accusations, understanding the specific laws and the gravity of the situation is paramount to protecting your legal rights.

Arizona's child molestation laws are primarily defined under Arizona Revised Statutes (A.R.S.) § 13-1410, which states that a person commits molestation of a child by intentionally or knowingly engaging in or causing another person to engage in sexual contact with a child under fifteen years of age.

Under A.R.S. § 13-1401(3), “sexual contact” is defined as any direct or indirect touching, fondling, or manipulating of the genitals, anus, or female breast. However, A.R.S. § 13-1410 excludes contact with the female breast only in cases involving male offenders, meaning that other forms of sexual contact involving a child remain strictly prohibited.

This offense is classified as a Class 2 Felony, carrying some of the harshest penalties available under Arizona law.

Crucially, child molestation is designated as a "Dangerous Crime Against Children" (DCAC) under A.R.S. § 13-705. This designation significantly enhances the potential penalties, including mandatory minimum prison terms, restricted eligibility for parole, and no option for probation or sentence suspension in most cases. Prosecutors in these cases are often relentless, seeking maximum sentences to protect alleged victims. This underscores the critical need for an aggressive and well-prepared legal defense team to challenge the evidence, identify procedural errors, and explore all possible avenues for dismissal or reduction of charges.

Penalties for Child Molestation in Arizona

The penalties for a child molestation conviction in Arizona are exceptionally harsh and include mandatory prison sentences. Unlike other felonies, a DCAC conviction often means no eligibility for probation, suspension of sentence, or early release from confinement for the duration of the sentence.

While specific sentences can vary based on the unique facts and circumstances, the general guidelines are as follows:

• First Offense (Class 2 Felony - DCAC):
  • Minimum: 10 years in prison
  • Presumptive: 17 years in prison
  • Maximum: 24 years in prison
• Second or Subsequent Conviction (DCAC):
  • Minimum: 21 years in prison
  • Presumptive: 28 years in prison
  • Maximum: 35 years in prison
• Life Imprisonment:
  • In certain egregious circumstances, such as cases involving sexual assault or sexual conduct with a minor under 12 years of age, life imprisonment without parole is a mandatory sentence. This also applies to individuals with two or more prior predicate felony convictions for dangerous crimes against children.

Beyond incarceration, a conviction for child molestation carries severe long-term consequences, including:

• Lifetime Sex Offender Registration: Convicted individuals must register as sex offenders for life on the Arizona Sex Offender Registry, with public access to their name, address, and photograph.
• Residential Restrictions: Registered sex offenders face restrictions on where they can live, often prohibiting residency within 1,000 feet of schools, childcare facilities, or a victim's residence.
• Employment and Social Stigma: A permanent criminal record and sex offender status can severely limit employment opportunities and lead to significant social ostracization.
• Loss of Civil Liberties: Convictions may lead to the loss of certain civil liberties, such as voting rights and firearm ownership.
• Community Notification and Monitoring: In many cases, convicted individuals are subject to community notification laws and may be required to wear a GPS tracking device upon release, placing further restrictions on an individual's daily life and mobility.

The Importance of a Strong Defense

Given the severe nature of these charges and the mandatory minimum sentencing guidelines, a robust and immediate legal defense is crucial. An experienced criminal defense attorney can investigate the allegations, challenge the prosecution's evidence, explore potential defenses such as mistaken identity, false allegations, or constitutional rights violations, and work tirelessly to protect your rights and future.